In the process of green-lighting a vertical merger with a firewall remedy, the current Federal Trade Commission (“FTC” or “Commission”) exposed a significant partisan divergence in the commissioners’ approach to vertical...more
Companies contemplating mergers should review the effect of the transaction on each customer type, application and product, not just on the broad customer base. The U.S. District Court for the District of Columbia...more
A federal court in Washington, D.C. issued an order blocking Staples' acquisition of Office Depot on the grounds that it would substantially lessen competition in the sale of consumable office supplies to national business...more
After more than a year-long battle with the Federal Trade Commission (FTC), the proposed acquisition of Office Depot, Inc. (ODP) by Staples, Inc. (SPLS) was blocked by the Honorable Emmet G. Sullivan of the U.S. District...more
On May 17, 2016, one week after announcing his decision, Judge Emmet Sullivan of the U.S. District Court for the District of Columbia released a public version of his opinion siding with the Federal Trade Commission in its...more
On May 10, 2016, Judge Emmet G. Sullivan of the U.S. District Court for the District of Columbia released his highly anticipated decision in the matter of Staples’ acquisition of Office Depot, granting the Federal Trade...more
After last month’s bench trial, Judge Emmet G. Sullivan has granted the FTC a preliminary injunction enjoining the merger between Staples and Office Depot. As a result, the companies have decided to end their efforts to...more
Yesterday, Staples closed its defense in the case brought by the Federal Trade Commission (FTC) to block the Staples-Office Depot merger—without calling any witnesses. (We covered the first week of the trial here.) Judge...more
Merger activity in 2015 was at its highest level in years, and competition authorities in the U.S. and European Union continued to be very aggressive, challenging a number of high-profile deals in court and causing some...more
The Federal Trade Commission (FTC) last week challenged Staples’ $6.3 billion bid for Office Depot, claiming that the proposed merger would significantly reduce competition nationwide in the market for office supplies to...more
December 7, 2015, was an eventful day for U.S. antitrust enforcement agencies. The Department of Justice achieved a high-profile win when General Electric Co. decided to abandon the proposed sale of its appliance unit to...more